Massachusetts General Laws
Chapter 123 - Mental Health
Section 6 - Retention of Persons; Validity of Orders; Hearing

Section 6. (a) No person shall be retained at a facility or at the Bridgewater state hospital except under the provisions of paragraph (a) of section ten, the provisions of paragraphs (a), (b), and (c) of section twelve, section thirteen, paragraph (e) of section sixteen and section thirty-five or except under a court order or except during the pendency of a petition for commitment or to the pendency of a request under section fourteen. A court order of commitment to a facility or to the Bridgewater state hospital shall be valid for the period stipulated in this chapter or, if no such period is so stipulated, for one year. A petition for the commitment of a person may not be issued except as authorized under the provisions of this chapter.
(b) Following the filing of a petition for a commitment to a facility or to the Bridgewater state hospital, a hearing shall be held unless waived in writing by the person after consultation with his counsel. In the event the hearing is waived, the person may request a hearing for good cause shown at any time during the period of commitment.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVII - Public Welfare

Chapter 123 - Mental Health

Section 1 - Definitions

Section 2 - Regulations

Section 3 - Transfers; Notice; Emergencies

Section 4 - Periodic Review; Notice

Section 5 - Commitment or Retention Hearings; Right to Counsel; Medical Examination; Notice

Section 6 - Retention of Persons; Validity of Orders; Hearing

Section 7 - Commitment and Retention of Dangerous Persons; Petition; Notice; Hearing

Section 8 - Proceedings to Commit Dangerous Persons; Notice; Hearing; Orders; Jurisdiction

Section 8b - Treatment of Committed Persons With Antipsychotic Medication; Petition; Notice; Hearing; Guardian

Section 9 - Review of Matters of Law; Application for Discharge; Notice; Hearing

Section 10 - Voluntary Admissions; Consultation With Attorney; Discharge; Outpatients; Veterans

Section 11 - Voluntary Admissions; Withdrawal; Notice; Examination; Retention

Section 12 - Emergency Restraint and Hospitalization of Persons Posing Risk of Serious Harm by Reason of Mental Illness

Section 13 - Transfer of Dangerous Males to Bridgewater State Hospital; Retention Period; Further Commitment; Procedure

Section 14 - Transfers From Bridgewater State Hospital to Other Facilities

Section 15 - Competence to Stand Trial or Criminal Responsibility; Examination; Period of Observation; Reports; Hearing; Commitment; Delinquents

Section 16 - Hospitalization of Persons Incompetent to Stand Trial or Not Guilty by Reason of Mental Illness; Examination Period; Commitment; Hearing; Restrictions; Dismissal of Criminal Charges

Section 17 - Periodic Review of Incompetence to Stand Trial; Petition; Hearing; Continued Treatment; Defense to Charges; Release

Section 18 - Hospitalization of Mentally Ill Prisoners; Examination; Reports; Hearing; Commitment; Voluntary Admission; Reduction of Sentence; Discharge

Section 18a - Facility Residents; Contribution Towards Cost of Counsel

Section 19 - Parties or Witnesses; Determination of Mental Condition

Section 20 - Extradition of Mental Institution Escapees

Section 21 - Transportation of Mentally Ill Persons; Restraint

Section 22 - Civil Liability of Physicians, Qualified Advanced Practice Registered Nurses, Qualified Psychologists, Qualified Psychiatric Nurse Mental Health Clinic Specialists, Police Officers and Licensed Independent Clinical Social Workers

Section 23 - Rights of Persons Receiving Services From Programs or Facilities of Department of Mental Health

Section 23a - Competent Interpreter Services in Hospitals Which Provide Acute Psychiatric Services

Section 24 - Legal Capacity of Persons Admitted or Committed

Section 25 - Guardian or Conservator; Appointment

Section 26 - Deposit of Funds Held in Trust for Inpatients or Residents; Unclaimed Funds and Personal Property; Fiduciaries

Section 27 - Administration of Estate of Deceased Inpatient or Resident

Section 28 - Violent or Unnatural Death of Patients; Notice to District Attorney

Section 29 - Instruction and Education; Work Programs; Sale of Work Products

Section 30 - Unauthorized Absence of Patients; Notification of Police, Et al.; Return

Section 31 - Medicine and Drugs; Indigent Patients

Section 32 - Charges for Care of Persons in Facilities

Section 33 - Expenses of Apprehension, Examination, Hearing, Commitment or Delivery; Certification; Audit; Payment; Fees

Section 34 - Commitment or Transfer to Veterans Administration or Other Federal Agency

Section 35 - Commitment of Alcoholics or Substance Abusers

Section 36 - Patient Records; Inspection; Maintenance and Retention

Section 36a - Court Records of Examination or Commitment; Privacy

Section 36b - Duty to Warn Patient's Potential Victims; Cause of Action

Section 36c - Transmission of Committed Person's Name and Nonclinical, Identifying Information to Department of Criminal Justice Information Services; Prohibition of Committed Person From Being Issued Firearm Identification Card or License to Carry;...